Consumer Law Library
Fair Debt Collection Practices Act (FDCPA)
The FDCPA sets the rules of conduct for debt collectors — and gives you the right to demand proof.
Who it covers
The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.), Title VIII of the Consumer Credit Protection Act, covers third-party debt collectors — collection agencies, debt buyers and many collection law firms — collecting personal, family or household debts. It generally does not cover original creditors collecting their own debts, though some state laws do. Since 2021, the CFPB’s Regulation F (12 C.F.R. part 1006) adds detailed rules.
Your key rights
- Validation (§ 809): the collector must send a validation notice. If you dispute in writing within 30 days of receiving it, the collector must stop collecting the disputed amount until it mails you verification.
- When and where (§ 805): collectors generally can’t contact you before 8 a.m. or after 9 p.m., at work if they know your employer prohibits it, or directly if they know you have an attorney for the debt.
- Stop contact (§ 805(c)): you can tell a collector in writing to stop contacting you. It may then contact you only to confirm it will stop or to notify you of a specific action.
- No harassment (§ 806): no threats of violence, obscene language, or repeated calls meant to annoy. Regulation F presumes a violation for more than 7 calls in 7 days about a debt, or a call within 7 days of a phone conversation about it.
- No false or misleading statements (§ 807): no misrepresenting the amount or status of a debt, falsely implying you’ll be arrested, or communicating credit information known to be false — including failing to report that a disputed debt is disputed.
- No unfair practices (§ 808): no collecting amounts the agreement or law doesn’t allow.
- Time-barred debts: Regulation F prohibits suing or threatening to sue on debts past the statute of limitations.
If you think your rights were violated
We are not lawyers, and this is not legal advice. If you think your rights under this law were violated, you can file a complaint with the CFPB and speak with a licensed consumer attorney about your specific situation.
Sources: Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p; Regulation F, 12 C.F.R. part 1006.
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